M.Ö. v. the Netherlands



Application No. 15575/89

by M.Ö.

against the Netherlands

The European Commission of Human Rights sitting in private

on 2 July 1990, the following members being present:

MM. C.A. NØRGAARD, President

S. TRECHSEL

F. ERMACORA

E. BUSUTTIL

A.S. GÖZÜBÜYÜK

A. WEITZEL

J.-C. SOYER

H. DANELIUS

Mrs. G. H. THUNE

Sir Basil HALL

MM. F. MARTINEZ RUIZ

C.L. ROZAKIS

Mrs. J. LIDDY

MM. L. LOUCAIDES

J.-C. GEUS

Mr. H.C. KRÜGER, Secretary to the Commission

Having regard to Article 25 of the Convention for the

Protection of Human Rights and Fundamental Freedoms;

Having regard to the application introduced on 5 October 1989

by M.Ö. against the Netherlands and registered on 5 October 1989 under

file No. 15575/89;

Having regard to the report provided for in Rule 40 of the

Rules of Procedure of the Commission;

Having deliberated;

Decides as follows:

The applicant is a Turkish national, born in 1955 and resident

in the Netherlands since 1978. He is an agricultural labourer.

Before the Commission he is represented by Ms. G.E.M. Later, a lawyer

practising in The Hague.

The applicant complained that he was about to be deported to

Turkey. He submitted that his deportation would cause undue hardship

as he and his wife and three children are fully integrated into Dutch

society. He submitted that he had always been employed and paid

taxes, but that his requests and appeals for resident status were

always refused. He invoked Articles 3, 6 and 8 of the Convention.

On 5 October 1989 the Commission decided not to make an

indication under Rule 36 of its Rules of Procedure to the respondent

Government.

By letter of 10 May 1990, the applicant's lawyer informed the

Commission that the applicant had been granted a residence permit and

that, therefore, the applicant wished to withdraw the application.

Having regard to Article 30 para. 1 (a) of the Convention, the

Commission notes that the applicant does not intend to pursue his

petition. It finds no special circumstances regarding respect for

human rights as defined in the Convention which require the

continuation of the examination of the application, in accordance with

Article 30 para. 1 of the Convention.

For these reasons, the Commission

DECIDES TO STRIKE THE APPLICATION OFF ITS LIST OF CASES

Secretary to the Commission President of the Commission

(H.C. KRÜGER) (C.A. NØRGAARD)